What would you do if your 5-year-old found this on a new phone?

Three new smartphones from Verizon are displayed, Tuesday, July 23, 2013 in New York. From left to right are the Motorola Droid Mini, Droid Ultra and Droid Maxx. (Mark Lennihan/AP Photo)

A father who claims his 5-year-old son found nude images of store employees on a recently purchased cell phone filed a suit seeking monetary damages against Sprint and several other companies, according to court documents obtained Wednesday.

“When Mr. Garibyan looked at the telephone in (his son's) hand, to his shock, horror and disgust, (his son) was looking at pornographic photos and videos,” of a man and woman he recognized from the store where he bought the device, the complaint alleges.

Arsen Garibyan believed the store was owned by Sprint because of signage, but a spokeswoman for the company said the incident occurred at a store it doesn't own.

“The sales representatives allegedly implicated were NOT Sprint employees,” Sprint spokeswoman Stephanie Vinge Walsh wrote in a statement. “We terminated our relationship with this dealer shortly after the incident.”

In the suit Garibyan alleges his son opened one of two phones he purchased in October 2011, which Garibyan thought were new phones, to play games. Minutes later Garibyan's son asked, “Daddy, what is this?”

“These were not pictures that plaintiff somehow found on the internet,” the suit alleges. “They were pictures of a male and female sales representative Mr. Garibyan recognized ... these included full-body naked as well as genital focused graphic pictures.”

Advertisement

The lawsuit seeks damages for breach of contract, fraud, deceit and false promise, misrepresentation, negligence and negligent infliction of emotional distress, among others. Nextel and Global Elite Telecom are also named in the complaint.

“The telephones were represented to be new telephones,” according to the lawsuit. “At no time did Mr. Garibyan ask for or consent to purchasing a refurbished or pre-owned telephone.”